Case ref: 202102821
NHS organisation: National Services Scotland
Subject: National Contact Centre at NHS National Services Scotland
Date: August 2022
This is the report of the Independent National Whistleblowing Officer (INWO) on a whistleblowing complaint about the National Contact Centre at NHS National Services Scotland. It is published in terms of section 15(1) of the Scottish Public Services Ombudsman Act 2002 (the Act) which sets out the INWO’s role and powers. There is more information about this here: https://inwo.spso.org.uk/
Supported by public and confidential appendices, it is a full and fair summary of the investigation.
Executive summary
- The complainant (C) complained to the INWO in July 2021 about NHS National Services Scotland (NSS). C worked in the National Contact Centre (NCC). (Background information about NCC can be found in public Appendix B.)
- The complaint I have investigated is:
- staff did not have sufficient training and access to sufficient information to support them to provide correct information to the public. (upheld)
- NSS failed to handle the concern in line with the National Whistleblowing Standards. (upheld)
- NSS failed to protect the whistleblower from detriment associated with speaking up. (not upheld)
- C also complained about an internal recruitment process which was outwith my remit, so I did not consider this matter further.
- As a result of my findings, NSS have been asked to implement a number of recommendations and consider and reflect on other feedback; particularly in relation to compliance with the National Whistleblowing Standards.
- My investigation also identified a number of areas of good practice, which have been included in my feedback.
Recommendations
What we are asking NHS National Services Scotland to do for C:
| Rec No. |
What we found |
What the organisation should do |
What we need to see |
|---|---|---|---|
|
1. |
Under head of complaint 2.2, we found that witnesses were not afforded sufficient confidentiality, which increased the risk of C being identified as the whistleblower and damaged their confidence in the process. |
Apologise to C for the issues with the confidential handling of witnesses’ personal data and the impact this had on C. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets |
A copy or record of the apology. By: 21 September 2022 |
What we are asking NHS National Services Scotland to do to improve their compliance with the Whistleblowing Standards:
| Rec No. |
What we found |
Outcome needed |
What we need to see |
|---|---|---|---|
|
2. |
Under head of complaint 2.2, we found that NSS investigated concerns raised by C that did not meet the whistleblowing definition. |
Concerns handled under the National Whistleblowing Standards must meet the definition set out in the National Whistleblowing Standards. If there are other concerns that do not meet this definition NSS should consider whether there is an alternative process and inform and advise the person raising the concern.
|
Evidence that the findings of my investigation have been fed back to the staff involved in handling the concern, in a supportive manner, for reflection and learning. Evidence that this learning is reflected in NSS whistleblowing guidance, training and information resources. By: 21 September 2022 |
| 3. | Under head of complaint 2.2, we found that witnesses were not afforded sufficient confidentiality, which increased the risk of C being identified as the whistleblower and damaged their confidence in the process. |
Confidentiality must be maintained as far as possible in all aspects of the procedure for raising concerns. Whistleblowers and other staff should be aware of the measures being taken to maintain confidentiality so they can be confident their identity will not be shared with anyone other than the people they have agreed can know it, unless the law says that it can or must be. |
Evidence that NSS have reviewed their approach to enabling witnesses to access support to ensure that disclosure of personal data is minimised and respects the rights of individuals to choose whom their personal data is shared with. By: 19 October 2022 |
| 4. | Under head of complaint 2.2, we found that NSS’s approach in relation to structure of roles (at the time of the concern) did not mirror the structure of the roles outlined in the Standards. | NSS whistleblowing procedures should be compliant with the Standards, so that officers involved in handling whistleblowing concerns can discharge their roles in accordance with the responsibilities set out in Part 4 of the Standards. |
Evidence that NSS have reviewed their whistleblowing procedure in light of the findings of this investigation. By: 19 October 2022 |